PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. IT IS REQUESTED THE PANELIST PRIOR, EXPRESS AND COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH THE PRESENT PARTICULAR CONDITIONS, YOU MAY NOT TAKE PART IN THE PROJECT.
THE PRESENT PARTICULAR CONDITIONS ARE A CONSTITUENT PART OF CASE LEGAL INFORMATION.
The purpose of this document is to regulate the terms and conditions (“TCs”) under which CASE will carry out the In-Home Internet Measurement Project (the “Project”), in collaboration with the Panelist, through a Device that allows to measure and evaluate the quality of the user's Internet connection, both by cable and WiFi network (the "Collaboration").
This Partnership will be effective and will come into force conditioned to the effective installation and configuration of the Device, which will be sent to the Panelist (“Date of Coming into Force”).
In addition to the definitions that could occasionally be established along these TCs, the following terms, used both in singular and plural, in this document have the meaning indicated below:
1) CASE means the Spanish entity CASE ON IT, SL, established in Madrid, Calle Fuencarral, No. 123, 4th floor, B, with tax number B-87126249. Email: firstname.lastname@example.org
2) Panelist means the individual participating in the Project who accept these TCs.
3) Device means the physical appliance, property of CASE, to be installed at Collaborator´s home, with the following characteristics:
- Dimensions 10 cm x 10 cm x 5 cm.
- Powered by 230V cable (included) with connection type F (Schuko).
- Connect to the router via Ethernet cable (included) with RJ45 connection.
- WiFi connection to the network wirelessly as explained at https://config.caseonit.com/.
- Anti-heating system.
- It does not require ventilation.
- It does not produce noise.
4) Disconnection means the termination of the Device operation, either due to the Panelist´s will or for reasons out of Panelist´s control, for a continuous period of twenty-four (24) hours.
5) Parties means CASE and the Panelist jointly considered. "Party" means any of them.
6) TCs means this document including any annexes that the Parties may subscribe in the future.
The Panelist is obliged to carry out the Collaboration for a minimum period of one (1) year from the date of acceptance of these TCs ("Minimum Term"). The Project will last for 3 years and will be renewed for annual periods. Future extensions of the Project may be applicable.
Upon the expiration of the Minimum Term, the Collaboration will be automatically extended for successive annual periods, unless one Party provides written notification of their desire to not extend the Collaboration, to be sent one (1) month in advance, prior to the termination of the Minimum Term or any extensions thereof.
As consideration for the participation in the Project, each Panelist whose Device has been connected during each month of the Collaboration's term, at least 60% of the time, will receive, for each month of the Collaboration´s term, an electronic report on the status of his/her Internet connection.
5. COLLABORATOR OBLIGATIONS
Under these TCs, the Panelist assumes the following obligations:
1. At the beginning of this collaboration, Panelist shall accept these TCs by completing the registration process as stated at https://config.caseonit.com/ .
2. Connect the Device as soon as he/she receive it at the address notified, in accordance with the connection instructions that are provided to the Panelist along with the Device.
3. Ensure that the Device remains connected during the Term of the collaboration with CASE and agree not to disconnect it under any circumstances.
4. Immediately notify CASE of any incident that may arise in relation to the proper functioning of the Device.
5. If the Panelist changes the ISP and/or type of fare (with your current provider), it shall notify CASE within a maximum period of fifteen (15) working days from the formalization of such change by any of the communication procedures set out in these TCs.
6. Make a proper and good use of the Device, which shall be used exclusively for the collaboration herein contained.
7. Follow any CASE instructions in order to keep the Device in proper ambient temperature conditions, away from extreme temperatures, direct sunlight and dust as well as away from any source of undue and unnatural stress. The Device shall be always handled with care.
6. CESSATION OF DEVICE OPERATION
If, for any reason,the Device is disconnected, CASE will contact the Panelist to ask for the reason of the disconnection; when appropriate, the Panelist must turn on the Device within a maximum period of two (2) business days from the CASE notification (the "Cure Period").
If the disconnection of the Device has been caused by a malfunction in it, CASE shall withdraw the Device for being repaired or, if necessary, to return with a new Device. If CASE detects in its sole discretion that the Device has been damaged due to a misuse by Panelist, CASE may require the Panelist to assume the total cost incurred for the repair and/or the replacement of the same up to a maximum of twenty euros (€20).
If after the cure period, the Panelist does not proceed to put the Device back into operation for whatever reason, CASE will not make any relevant payment. In addition, CASE may terminate the Collaboration without notice and without compensation of any kind,in which case the Device will be collected from the Panelist´s address.
Panelist will not be responsible for any Device unavailability or disconnection caused by circumstances beyond Panelist's reasonable control, including, without limitation, acts of God, flood, fire, earthquakes, denial-of-service attacks,or third-party Internet service provider failures or delays. Such this occur,CASE will contact the Panelist in order the Panelist to put the Device back in operation within a maximum of two (2) business days from the notification by CASE.
In case of theft or loss of the Device, Panelist shall notify CASE within a maximum of two (2)business days from the occurrence of the event and provide CASE with any relevant information and/or document that CASE may request in order to obtain evidence of the theft or loss. If the Panelist fails with the previous, CASE may require the Panelist to assume the total cost incurred for the replacement of the Device up to a maximum of twenty euros (€20).
7. INTELLECTUAL PROPERTY RIGHTS
The Panelist expressly acknowledges and agrees that any and all proprietary materials and information resulting as a result of the Collaboration shall belong to CASE and that CASE shall be the true and lawful owner of all copyrights and all other proprietary rights of any other nature, including goodwill, trademark rights, patents and design rights, (collectively “Rights”) in and to such items and shall be considered to be the sole and exclusive author of such materials within the meaning of the Spanish Copyright Act.
Such rights include the documentation, data and/or supporting material arisen from the result of the Collaboration, as well as any data and information obtained through the Device which is generated because of the Collaboration.
8. DATA PROTECTION
Who will process the data: For the purpose of executing the Project (verifying compliance with requirements to be a Panelist, probe classification and preparing network performance statistics among others), CASE will collect and process personal data from the Panelist. In addition, as part of the Project execution, CASE will share technical and commercial information related to the service with third party network providers, service providers or public entities such as telecommunication regulators.
Which data will be processed: identification data, physical location data, contact data, commercial and technical information related to the contracted telecommunications service (e.g. Internet provider, contracted speed, additional services contracted, Internet access information, IP address and MAC ETH address).
Legal basis for the process: The Panelist’s consent and the execution of the contractual relationship between the Panelist and CASE.
For how long: During the Term of the Project and, once completed, for an additional period of 6 years.
Rights granted: Panelist may exercise the privacy rights granted by current legislation by sending a written communication to CASE using the contact details shown above. The Panelist shall send a copy of his/her ID card, passport or any other valid identification document. The Panelist has also the right to submit a complaint before the competent Data Protection Authority when he/she considers that the processing of his/her personal data violates applicable data protection regulations.
If for reasons attributable to CASE, the Panelist is unable to complete the Collaboration, the Panelist may terminate the collaboration by giving ten (10) business days written notice. If for reasons attributable to Panelist, CASE is unable to complete the Collaboration, CASE may terminate the collaboration by giving ten (10) business days written notice. Both parties may terminate the collaboration, without cause, by sending a ten (10) business days prior written notice to the other party.
a) Nature of the relationship: This TCs is commercial in nature and the Parties are independent entities, with no employment relationship between them. Neither Party may act as representative or agent of the other, nor may it take any action that implies a link or dependence on the other.
b) Modification: CASE reserves the right to modify these TCs, when it becomes necessary due to business, legal and/or technological reasons, being effective upon the terms notified to the Panelists.
c) Assignment: This agreement is of an "intuitu personae" nature and the legal relationship of a commercial nature established under these TCs between the Parties may not be transferred wholly or in part to third parties, unless prior written agreement between the Parties.
d) Integrity: These TCs constitute the entire agreement reached between the Parties with respect to the subject matter thereof, thereby including and rendering void any previous agreements that could have been reached between the Parties.
e) Notices:Any notice to be given hereunder by any party to the other may be affected either by personal delivery in writing or by mail, registered or certified, postage pre-paid with return receipt requested. Mailed notices shall be addressed to the Parties at the contact addresses. Notices delivered personally shall be deemed communicated as of actual receipt, mailed notices shall be deemed communicated as of five (5) days after mailing.
f) Nullity: The illegality, invalidity or ineffectiveness of any of the clauses of these TCs will not affect the effectiveness of the rest, provided that the rights and obligations of the Parties are not affected in an essential way. Said clauses should be replaced or integrated with others that, in accordance with the applicable law, corresponding to the substituted ones.
g) Headings: The headings of the different sections herein only have an informative nature and do not affect, qualify or modify the interpretation of these TCs.
h) Governing law and jurisdiction: These TCs shall be governed by the law of Spain.